A Wrongful Death Lawsuit Claims The Foam Manufacturer Is Liable For Using Substandard Material

The maker of the foam that degraded into a deadly carcinogen will have to defend themselves in the death of an Oregon sleep apnea patient

Monday, May 9, 2022 - We can now add lung cancer to the list of terminal illnesses allegedly caused by the noise cancellation foam degrading within the Phillips DreamStation sleep apnea machines and other models. Last week a Phillips CPAP cancer lawsuit was filed by man who developed prostate cancer claiming to have ingested particles of foam that had leached into his sleep improvement device's clear plastic airway. Additionally, a wrongful death lawsuit has been filed recently by a man on behalf of his deceased wife alleging her late-stage terminal lung cancer was caused by inhaling toxic matter while regularly using the machine. As with most product liability or wrongful death lawsuits, it goes to say that had the victim known of the defect in 2015 when Phillips Respironics was first made aware of the problem, they would've chosen another machine or not used one at all. Hundreds of personal injury lawsuits against Philips Respironics allege the Dutch company failed to warn customers of what they knew about the fragility of the sound abatement foam used in the machine new about the defective material. The sound abatement foam allegedly cannot stand up to the heat and humidity within the machine causing it to break down and send toxic carcinogenic black particles, gases, and other materials into the airway to be inhaled directly into the user's lungs and causing CPAP cancer.

According to the complaint filed on April 12, 2022, Wm. T. Burnett Foam LLC and other subsidiaries thereof are named with Phillips Respironics as co-defendants. The wrongful death lawsuit joins hundreds of personal injury lawsuits against Philips Respironics the manufacturer of the line of sleep apnea devices purchased by over 3 million Americans. A year and a half ago Phillips complied with the FDA's recall order and alerted customers of the problem however very few machines have been repaired or replaced as promised raising concerns in the US Federal government. The Department of Justice (DOJ) and the food and drug administration have both issued formal warnings to Phillips insisting they file a plan with them guaranteeing sleep apnea machine customers an immediate replacement.

One interesting legal note is that although lung cancer most times has a latency period of 5 to 10 years or longer, the plaintiff in the wrongful death action alleges that the Oregon woman developed the disease within two years of using the sleep apnea device. Nailing down the degraded sound abatement foam as a source of the plaintiff's lung cancer may be difficult to do as the defense may dig into her family medical history, her use of tobacco products, and her work environment history as other ways that could have contributed to her cancer. According to About Lawsuits.com " (The) lawsuit claims that it took less than two years of breathing toxic foam particles released by a recalled Philips CPAP device for an Oregon woman to develop stage 4 lung cancer, which ultimately took her life."

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Lawyers for CPAP Cancer Lawsuits

We will represent all persons in involved in a BiPAP or CPAP cancer lawsuit on a contingency basis, meaning there are never any legal fees unless we win compensation in your case. Anyone who developed cancer or another serious side effect as a result of using a Philips CPAP sleep apnea machine or ventilator in --or is a family member of such a person--is eligible to receive a free, no-obligation case review from our attorneys. Simply contact our firm through the online contact form or the chat feature and one of our Philips BiPAP cancer lawyers serving will contact you promptly to discuss your case.